Jones v. Ames
Superior Court of New Hampshire
This was an action of assumpsit. There were several counts in the declaration (for several causes of action), on all of which issues were joined to the country, and found for the defendant at this Term, except the third, which was on a note of hand for $2.38, payable on demand, with interest, date, Sept. 14, 1801; to which there was a plea of tender, Feb. 12, 1803, at Orford, of $2.60. To this there was replication, stating that, on Feb. 8, 1803, before the tender, the…
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This was an action of assumpsit. There were several counts in the declaration (for several causes of action), on all of which issues were joined to the country, and found for the defendant at this Term, except the third, which was on a note of hand for $2.38, payable on demand, with interest, date, Sept. 14, 1801; to which there was a plea of tender, Feb. 12, 1803, at Orford, of $2.60. To this there was replication, stating that, on Feb. 8, 1803, before the tender, the plaintiff had sued out a writ on the note declared on, and had delivered the same to Stephen Lumbard, a deputy sheriff, for…
1Opinion of the Court
Peii Cueiam.
There must be judgment for defendant; it not being alleged that plaintiff, at the time of the tender of the debt, gave notice that a writ had issued. The replication does not allege that any notice was given. Defendant was not bound to pay unless notified. We cannot presume notice in this ease, (a) Judgment for defendant.1
Qucere. Was not defendant, when he tendered for the debt, bound to inquire whether any writ had issued. See Rep. Hillsborough, April Term, 1807.
8 T. R. 629. It seems expenses incurred in retaining an attorney to *134commence an action, &c., need not be paid, to make…
2Cases cited3 opinions
- Studwell v. CookeSupreme Court of Connecticut · 1871
- Ashburn v. PoulterSupreme Court of Connecticut · 1869
- Randall & Durant v. BaconSupreme Court of Vermont · 1876